Open work permit – General processing and issuance – International Mobility Program (IMP) | Mercan Canada Employment Philippines. Inc.

An open work permit can only be issued to a foreign national under one of the labour market impact assessment (LMIA) exemptions.

The instructions on this page should be reviewed in conjunction with

An open work permit enables a person to work for any employer for a specified period of time. An open restricted permit may restrict the occupation or location but not the employer.

Note: Although there are no restrictions on the open work permit concerning the employer name, the foreign national is still subject to the general conditions imposed on all temporary residents under subsection 183(1) of the Immigration and Refugee Protection Regulations (IRPR), including paragraph R183(1)(b.2), which states that the foreign national cannot work for an employer who is ineligible (see Public list of employers who have been non-compliant).

Open work permit holders also cannot enter into or extend an employment agreement with an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massage.

A foreign national may apply for an open work permit outside Canada, at a port of entry or after arrival to Canada, as per program requirements.

Types of open work permits

There are 2 types of open work permits:

unrestricted
restricted, which can mean
- occupational restrictions, for example, depending on the applicant’s medical status [R185(b)] or work permit category
- location restrictions, for example, depending on the work permit category (such as a bridging open work permit under the provincial nominee class)

Work permit issuance in the Global Case Management System (GCMS): Unrestricted

Under the Application screen, enter the following:

Field	Selection or input
Province of destination	Unknown
City of destination	Unknown Note that the name of the city is entered automatically from the IMM 1295 or IMM 5710 form. Officers are required to change it to “Unknown” before imposing any condition on the work permit. Failure to change the “City of destination” to “Unknown” can cause confusion for applicants.
Exemption code	Enter the LMIA exemption code of the program requested.
NOC	9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022) Important: No other code should be used.
Intended occupation	Open
Employer	Open

Medical conditions to be imposed for an unrestricted open work permit

The unrestricted work permit can be issued to any eligible applicant who has passed an immigration medical examination with a result of M1, M2 or M3 (medical examination passed), or who has failed the medical examination due to excessive demand concerns (M5) but satisfies the criteria of section R206 or paragraph R207(c) or (d).

Note: Medical surveillance must be imposed for persons whose surveillance code is S.2.02 or S2.02U. Remarks on the permit should indicate “medical surveillance required.”

Work permit issuance in GCMS: Occupation or location restricted

On the Application screen, enter the following:

Location restriction
Field	Mandatory	Selection or input
Province of destination	Yes	Enter the province employment is restricted to as per the requirements of the LMIA exemption category. For example, bridging open work permits issued to provincial nominees under A75 or open work permits issued to Quebec Selection Certificate holders under A76
Exemption code	Yes	Enter the LMIA exemption code of the program requested.
NOC	Yes	If not occupationally restricted 9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022) or if there is an occupation restriction, enter the National Occupational Classification (NOC) for the occupation
Conditions	Yes	Not authorized to work at any other location

Occupation restriction
Field	Mandatory	Selection or input
NOC	Yes, when program occupation restriction	NOC code as per the program restriction For example, interns with international organizations and foreign missions recognized under the Foreign Missions and International Organizations Act or caregivers
Conditions	Yes, when program occupation restriction	Not authorized to work in any other occupation
NOC	Yes, when the medical result requires an occupation restriction (M3 or M5)	9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022) Important: No other code should be used.
User remarks	Yes, when the medical result requires an occupation restriction (M3 or M5)	The occupational restriction stated in the medical narrative should be imposed under section R185. For example, if the panel physician noted that the person should not be a pilot or work at heights or near open machinery, the officer should impose the condition “Not authorized to work in occupations involving heights or open machinery or as a pilot” in the User remarks field.
NOC	Yes, when no medical examination completed	9999 (if the application is received on or before November 15, 2022) 99999 (if the application is received on or after November 16, 2022) Important: No other code should be used.
Conditions	Yes, when no medical examination completed	Where a foreign national has not completed an immigration medical examination, conditions must be imposed restricting specific occupational sectors, as per Medical conditions to be imposed for occupation-restricted work permits.

Important: Persons assessed as M4 or M6 (risk to public health or safety) are not allowed to work. If the condition is controlled, a new medical examination is required before a work permit may be issued.

Medical conditions to be imposed for occupation-restricted work permits

If a medical examination was not completed, one of the conditions below must be imposed. The specific occupational sector restriction will depend on whether the person has resided in a designated or non-designated country.

For persons from non-designated countries, the following condition should appear on the work permit:

“Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations.”

For persons from designated countries, the following condition should appear on the work permit:

“Not authorized to work in 1) child care, 2) primary or secondary school teaching, 3) health services field occupations, 4) agricultural occupations.”

Note: For clarity, “occupations” in the medical condition as written in GCMS means “settings” as per the If the duration of the visit is six months or less instructions. For example, all occupations in a hospital from janitor to doctor require a medical exam, not just those who are in health service occupations, and all employees in a day care require a medical exam, not just the teachers.

Open work permit LMIA exemption categories

In addition to having to meet the requirements of who can apply at the port of entry [R198] and who can apply after entry [R199], some LMIA exemption categories have restrictions on where the person can submit their application for a work permit.

Note: This list only contains exemption categories under sections 204 to 208 of the IRPR. For further instruction on issuing open work permits under a public policy, see the Public policies, special initiatives and pilot projects section of the table of contents.

Category	Before entry	On entry	After entry
Refugee claimants and those under an unenforceable removal order [R206(a) or (b) – code S61 or S62]			Checked
Applicants for permanent residence from within Canada [R207 – code A70]			Checked
Open work permit for vulnerable workers [R207.1 – code A72]			Checked
Humanitarian reasons [R208(a) or (b) – code H81 or H82]			Checked
International Experience Canada (IEC): Working Holiday participants [R205(b) – code C21] (there are also specific recognized organizations whose participants receive open work permits)	Checked	^{Footnote *}	^{Footnote **}
Family members of Military personnel [R205(b) – code C20, where a reciprocal agreement exists or R205(c)(ii) – code C41/C46 or C47/C48, where is no reciprocal agreement	Checked	Checked ^{Footnote ***}	Checked
Family members of foreign representatives [R205(b) – code C20]	Checked	Checked	Checked
Professional athletes who are authorized to enter Canada on the basis of paragraph R205(b) – code C26 and who require other work to support themselves while playing for a Canadian team (for instance, as part of the Canadian Football League)	Checked	Checked	Checked
Family members of temporary workers who are high-skilled workers [R205(c) – code C41] low-skilled workers [R205(c)(ii) – code C47 and C48] economic class permanent resident applicants who were nominated or selected by a province [R205(c)(ii) – code C49]	Checked	Checked	Checked
Spouses or common-law partners of study permit holders [R205(c) – code C42]	Checked	Checked	Checked
Bridging open work permits [R205(a) – code A75]			Checked
Public policy for spouse or common-law partner in Canada class or family class applicants to apply in Canada [R205(a) – A74]			Checked
Post-graduation work permits [R205(c) – C43]	Checked		Checked
Post-secondary co-op [R205(c) – code C32] and secondary co-op [R205(c) – code C33]	Checked	Checked	Checked
Occupation-restricted open work permit under Home Child Care Provider Pilot or Home Support Worker Pilot – Gaining experience category [R205(a) – C90] [principal applicant: R205(a) – code C90] [family members: R205(a) – code C91]	Checked		Checked
Quebec Selection Certificate (CSQ) holders currently outside Quebec [R205(a) – A76]	Checked		Checked

Open work permit holder fee

Subsection R303.2(1) requires that a fee be payable by a person for the rights and privileges conferred by means of an open work permit only if that person

is intending to perform work under section R204 or R205
is described in paragraph R207(b) and does not have an offer of employment
is a family member of a foreign national referred to in paragraph R207(b)

There are exceptions to the payment of the open work permit holder fee for specific persons. Subsection R303.2(2) provides the list of exceptions.

Important: If the person applying for an open work permit is not as described above, then they do not have to pay the fee. It is not that they are exempt but that the fee is not applicable at all.

If they have paid the fee in error, it must be refunded as the department has no legal authority to collect the funds.

Fee exemption codes

P01: Persons who do not pay a work permit processing fee under the IRPR, with the exception of International Experience Canada participants.

P02: Members of the live-in caregiver class in Canada who have applied for permanent residence under paragraph R207(a), and their family members.

P03: Persons not listed in subsection R303.2(1) as required to pay the fee. They are not “exempt” from the fee as they are not required to pay it at all.

Open work permits issued based on LMIA exemptions under section R206 (S61 or S62) or R208 (H81 or H82) are not subject to the open work permit holder fee. These sections are not included in the regulation applying the fee.
Open work permits issued under section 25.2 of the Immigration and Refugee Protection Act (public policy or special measure) are not subject to the open work permit holder fee.

Work permit application refusals

When the officer’s decision is to refuse the work permit application, they should clearly state what eligibility or admissibility requirements are not met and why they are not satisfied. Consult Decision making: Standard of review and process for making a reasonable decision.

Previous updates

The instructions were updated on the following dates:

Open work permit – General processing and issuance – International Mobility Program (IMP)